Report to Mayor and City Council
Tuesday, September 06, 2022
Consent
SUBJECT:
Title
CONSIDER ENTERING INTO A HOLD-HARMLESS AGREEMENT WITH LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) TO ALLOW FOR RADIO INTEROPERABILITY TO ENHANCE COMMUNICATION AND COMPATIBILITY BETWEEN CITY STAFF, PARTNERS, AND FIRST RESPONDERS FOR THE CITY OF CARSON
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I. SUMMARY
The City is in the process of implementing Phase 2 of the Radio project which will primarily cover installation and programming of the purchased radios and radio equipment to support the transition of the City’s UHF radio system to the Los Angeles Regional Interoperability Communication System (LA-RICS).
For the City of Carson to receive access to the LA-RICS radio frequency platform, a Hold Harmless Agreement (HHA) between the City of Carson and LA-RICS, which the City Attorney’s office has reviewed, will need to be executed. The agreement’s indemnity provisions (Section 6) require City to indemnify and hold LA-RICS harmless from LA-RICS’ provision of services. Although the City Attorney requested (1) a modification to expressly preclude claims and liabilities caused by LA-RICS’ negligence or willful misconduct from City’s indemnity obligations and (2) addition of a reciprocal indemnity clause, LA-RICS stated that because their services will be provided on a gratis basis, and more significantly, because their standard language which has been approved by its Board of Directors, may not be modified, LA-RICS is unable to modify the HHA’s indemnity provisions.
Emergency Services division is therefore requesting the City Council to adopt Resolution No. 22-176 approving a Hold Harmless Agreement between the City of Carson and Los Angeles Regional Interoperable Communications System (LA-RICS) authority to enhance communication and compatibility between City staff, partners and first responders for the City. The proposed agreement (Exhibit No. 2; the “Hold Harmless Agreement”) is Exhibit “A” to Resolution No. 22-176.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. ADOPT RESOLUTION NO. 22-176, “A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL APPROVING A HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF CARSON AND LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY.”
2. AUTHORIZE the Mayor to execute the Hold Harmless Agreement following approval as to form by the City Attorney.
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III. ALTERNATIVES
1. TAKE any other action the City Council deems appropriate that is consistent with the requirements of law.
IV. BACKGROUND
On June 15, 2021, City Council approved the Radio Project which funded the purchase of radios, radio equipment, batteries and chargers required to transition the City’s use of UHF radio system to the Los Angeles Regional Interoperability Communication System (LA-RICS). This transition will allow communication compatibility between City partners such as the Sheriff’s Department, the Fire Department and other first responders.
On October 5, 2021, City Council approved a contract with Mission Critical Information Systems to provide the essential services to complete Phase 2 of the project however, for the City of Carson to receive programming services, LA-RICS requires a Hold Harmless Agreement to be executed. (Exhibit 1)
Staff is now requesting City Council to adopt Resolution No. 22-176, approving the Hold Harmless Agreement.
V. FISCAL IMPACT
If City Council approves staff’s recommendation, there is no fiscal impact.
VI. EXHIBITS
1. Resolution No. 22-176
2. Hold Harmless Agreement
Prepared by: Nora Garcia, Emergency Services Manager